IBEW Local No. 129 Benefit Fund v. Tucci

Leibensperger, Edward P., J.

The question presented by this motion appears, according to the parties, to be one not directly addressed by the Massachusetts Supreme Judicial Court and Appeals Court. Must shareholders of a Massachusetts company who wish to challenge a decision by the board of directors to recommend a transaction that will effect the sale of the company at an allegedly inadequate price, bring their challenge as a derivative claim on behalf of the corporation or may they bring the claim directly? Here, plaintiffs are a putative class of shareholders in EMC Corporation. They…